Second DUI Reduced to Wet Reckless
My client was charged with his second DUI in San Mateo County. At his pre-trial conference the judge indicated that my client's sentence if he pled guilty or no contest to the DUI would require amongst other things that he serve 60 days in the county jail. Because my client had a felony record that made him ineligible for the San Mateo County Sheriff Work Program he would be forced to serve his 60 day sentence in county jail if he pled guilty or no contest. But, neither my client nor I felt that he should “plead out” because of some weaknesses in the prosecution's case that we felt that we could exploit at trial. So, we chose to set his case for trial. On the day of trial the District Attorney backed down and offered my client a “wet reckless” charge. This offer was a major win for my client because by accepting the reduced charge he wouldn't have to serve any jail time or community service whatsoever.